A California law that created an agency to oversee national healthcare reforms granted it sweeping authority to conceal spending on the contractors that will perform most of its functions, creating a barrier from public disclosure that stands out nationwide.
The degree of secrecy afforded Covered California appears unique among states attempting to establish their own health insurance exchanges under President Obama's signature health law.
An Associated Press review of the 16 other states that have opted for state-run marketplaces shows the California agency was given powers that are the most restrictive in what information is required to be made public.
In Massachusetts, the state that served as the model for Obama's health overhaul, its Health Connector program is specifically covered by open-records laws, rather than providing exemptions from them, as is the case for contracting in California.
In Idaho, where its exchange was established as a private, nonprofit corporation, and in New Mexico, agencies specifically must comply with open-records laws. The Maryland Legislature subjected its exchange to the state's public information act, but protected some types of commercial and financial information.
In California's case, the exclusions may run afoul of the state constitution, one legal expert said. Exchange spokesman Dana Howard said the agency complies with the law but declined to discuss in detail how it determines what is public and what is not.
"I'm not going to go down item by item, about how it is and what kinds of meetings and what was talked about," he said.
It's routine in government to keep bids secret until contracts are awarded, so one vendor does not get an unfair advantage over others. After a bid is awarded, contracts generally become fully public.
In setting up the California exchange, lawmakers gave it the authority to keep all contracts private for a year and the amounts paid secret indefinitely. "Except for the portion of a contract that contains the rates of payment, contracts entered into pursuant to this title shall be open to inspection one year after their effective dates," reads the code specifying what exchange records are exempt from public disclosure.
According to agency documents, Covered California plans to spend nearly $458 million on outside vendors by the end of 2014, covering lawyers, consultants, public relations advisers and other functions.
Other exchange records that are allowed to be kept secret include those that reveal recommendations, research, strategy of the board or its staff, or those that provide instructions, advice or training to employees. Minutes of the board meetings also are exempt from disclosure.
READ FULL SOURCE ARTICLE: 05/09/2013
Editor's Note: Odd, isn't it, that any issue in the news, any and all issues, really, that are connected to the Obama Administration in any way -- any way -- is mired in secrecy and disinformation...Odd, we say, because Mr. Obama vowed the most transparent administration in US history...the first lie of many made to the American public from this man and his personally selected administration members...
The BasicsProject.org informational and educational pamphlet series is now available for Kindle and iPad. Click here to find out more...
The New Media Journal and BasicsProject.org are not funded by outside sources. We exist exclusively on tax deductible donations from our readers and contributors.
Please make a tax deductible donation today.